LAW OF SPECIFIC RELIEF 313
Under the covenant for further assurance, the seller is bound to do such further acts for perfecting the buyer’s title as the latter may reasonably require. Thus, if a seller has, after the sale perfected an imperfect title by the purchase of an outstanding interest, he can under this covenant, be compelled to convey it to the buyer.
(2) The English covenants are more extensive as they include the covenant for quiet enjoyment, for freedom from incumbrances and for further assurance. Under Indian Law they are not included.
Covenant for title is a covenant for a title free from reasonable doubt. It has been held by the Privy Council that an absolute warranty of title cannot be insisted upon by the purchaser. 9 I. A. 700 (713).
The implied covenant for title does not apply in the case of a trustee :
(i) A trustee is only deemed to covenant that he has done no act whereby the property is incumbered, or that whereby he is hindered from transferring.
(ii) If a trustee conveys without disclosing his fiduciary character, he could no doubt be required to convey “as beneficial owner” so as to become subject to the usual covenants for title.
- The implied covenant for title does not apply in the case of a guardian selling on behalf of the minor.
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